JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR
MEETING
TENTATIVE
AGENDA
AUGUST 21, 2008 - 9:00 a.m.
ROOMS 306/308
LEGISLATIVE OFFICE BUILDING
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Senate
Members of JLCAR |
House
Members of JLCAR |
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Martha Fuller Clark |
Maurice L. Pilotte |
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Jacalyn L. Cilley |
Peter B. Schmidt |
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Betsi DeVries |
Betsey L. Patten |
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Robert J. Letourneau |
James R. MacKay |
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Michael Downing |
James F. Powers |
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Iris W. Estabrook (Alt.) |
John DeJoie (Alt.) |
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Kathleen G. Sgambati
(Alt.) |
Kimberley S. Casey (Alt.) |
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Peter Hoe Burling (Alt.) |
Alida I. Millham (Alt.) |
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Joseph D. Kenney (Alt.) |
Suzanne H. Gottling (Alt.) |
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Peter E. Bragdon (Alt.) |
Laurie J. Boyce (Alt.) |
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The times and
order specified for the agenda and items listed below are only tentative. The Committee may change the order or may
change the amount of time allotted for such items.
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1. 9:00 am Convene and Review Minutes |
11. 10:15 am FP's
2008-86 & 70 Ins |
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12. 10:45 am Disc.
on ER Saf-C |
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Consent
Agenda |
13. 11:00 am FP 2008-69 He-E, FP
2008-104 He-M, |
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2. 9:05 am Final
Proposals |
& Disc. on ER He-M |
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3. 9:10 am Objection
Responses |
14. 1:00 pm LUNCH
BREAK |
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4. 9:12 am Preliminary
Objections |
15. 2:00 pm FP
2008-36 Lab |
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16. 2:30 pm OR
2008-37 Agr |
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Regular
Agenda |
17. 3:00 pm OR's
from 6-20-08 Meeting |
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5. 9:13 am Postpone
Items |
18. 3:15 pm OR's
from 6-27-08 Meeting |
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6. 9:15 am INT
2008-33 Env-Ws |
19. 3:45 pm OR's
from 7-17-08 Meeting |
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7. 9:25 am INT
2008-32 Fis |
20. 4:00 pm OR's
from 7-31-08 Meeting |
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8. 9:30 am INT
2008-29 Rev |
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9. 9:45 am INT
2008-31 Emp |
Other Business |
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10. 10:00 am FP
2008-64 Pub |
21. 4:15 pm Other |
FP - Final Proposal
OR - Preliminary Objection Response
ROR - Revised Objection Response
ER - Emergency Rule
INT - Interim Rule
EXP - Expedited Repeal
1. Convene and Review
Minutes
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JLCAR Deadlines Noted Below: |
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For
OR's and ROR's: |
Deadline
is for sponsoring a joint resolution. |
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For
FP's: |
Deadline
is for approval, conditional approval, or preliminary objection. Otherwise,
rule is automatically approved. |
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For
INT's: |
Deadline
is for approval or conditional approval. |
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CONSENT
AGENDA |
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2. Committee
Approval of Final Proposals and Proposed Interim Rules: |
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(a) FP 2008-67 Approval |
BOARD OF DENTAL EXAMINERS Dental Discipline History, Education,
Anesthesia and Sedation (JLCAR
Deadline August 28, 2008.) |
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(b) FP 2008-79 Approval |
FISH AND GAME
DEPARTMENT 2009 Fishing Rules (JLCAR
Deadline August 22, 2008.) |
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(c)
FP 2008-80 Approval |
FISH
AND GAME DEPARTMENT Bass
Fishing Tournament Application Procedure (JLCAR
Deadline August 22, 2008.) |
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(d) FP
2008-93 Approval |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air
Related Programs Open
Burning (JLCAR
Deadline August 25, 2008.) |
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(e) FP 2008-98 Approval |
DEPARTMENT OF LABOR Whistleblower's Protection (JLCAR
Deadline September 22, 2008.) |
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(f) FP 2008-99 Approval |
DEPARTMENT OF LABOR Youth Employment (JLCAR
Deadline September 22, 2008.) |
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(g) FP 2008-102 Approval |
INSURANCE DEPARTMENT Preneed Life Insurance Minimum Standards for
Determining Reserve Liabilities and Nonforfeiture Values (JLCAR
Deadline September 22, 2008.) |
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(h) FP 2008-103 Approval |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Expiring
Rules Related to Earned Income Disregards, Employment Expense Disregards, and
Resource Limits for Financial and Medical Assistance (JLCAR
Deadline September 22, 2008.) |
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(i) FP 2008-105 Approval |
MILK
SANITATION BOARD Milk Sanitation Rules (JLCAR
Deadline September 22, 2008.) |
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(j) FP 2008-106 Approval |
DEPARTMENT OF SAFETY 2007 Watercraft Restriction Rules (JLCAR
Deadline September 22, 2008.) |
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(k) FP 2008-107 Approval |
RACING AND CHARITABLE GAMING COMMISSION Organizational Rules (JLCAR
Deadline September 22, 2008.) |
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(l) FP
2008-108 Approval |
RACING
AND CHARITABLE GAMING COMMISSION Rules
Applicable to All Licensees, Harness Rules, Use of Prohibited Substances and
Practices in Horse Racing, and Greyhound Rules (JLCAR Deadline September 22, 2008.) |
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(m) FP 2008-127 Approval |
REAL ESTATE COMMISSION Practice and Procedural Rules (JLCAR
Deadline September 22, 2008. Existing
interim rules will expire January 12, 2009.) |
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(n) FP 2008-129 Approval |
REAL ESTATE COMMISSION Brokerage Contracts and Relationship Disclosures (JLCAR
Deadline September 22, 2008. Implements
HB 1384, effective January 1, 2009.) |
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(o) INT 2008-30 Approval |
DEPARTMENT OF EMPLOYMENT SECURITY Part-time Work Information (JLCAR
Deadline November 6, 2008. Implements
SB 502-FN (Chapter 297), effective August 26, 2008.) |
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3. Committee
Acceptance of Agency Responses to Objections: |
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(No items) |
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4. Committee
Issuance of Preliminary or Revised Objections to Final Proposals: |
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(No items) |
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NOTE: The following
proposal was conditionally approved by the Committee on the date
indicated. Also noted is the agency
response and subsequent confirmation
by the Office of Legislative Services that the proposal has been amended as
conditionally approved. No further
Committee action is required. Conditionally Approved July 17, 2008: |
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FP 2008-75 |
ADULT
PAROLE BOARD Rules
of the Adult Parole Board (Response
received 7-30-08 and confirmed 7-31-08.) |
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REGULAR
AGENDA |
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5. Consider
postponing action on certain items to another meeting. |
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6. INT 2008-33 Approval |
DEPARTMENT
OF ENVIRONMENTAL SERVICES Division
of Water Rules
Pertaining to the Operation of Youth Recreation Camps (JLCAR
Deadline November 6, 2008. Existing rules
will expire September 1, 2008.) |
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7. INT 2008-32 Approval |
FISH
AND GAME DEPARTMENT Various
Wildlife Rules (JLCAR
Deadline November 6, 2008. Former
rules expired May 24, 2008 and June 1, 2008.) |
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8. INT 2008-29 Conditional
Approval and Recommendation |
DEPARTMENT
OF REVENUE ADMINISTRATION Land
and Community Heritage Investment Program Recording Surcharge (JLCAR
Deadline October 30, 2008. Implements
RSA 478:17-g, II of HB 1575-FN (Chapter 294), effective July 1, 2008.) |
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9. INT 2008-31 Conditional
Approval |
DEPARTMENT OF EMPLOYMENT SECURITY |
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Part-time Availability and Shift
Availability (JLCAR
Deadline November 6, 2008. Implements SB 502-FN (Chapter 297), effective
August 26, 2008.) |
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10. FP 2008-64 Conditional
Approval |
PUBLIC EMPLOYEE
LABOR RELATIONS BOARD Written Majority Authorization (JLCAR
Deadline September 1, 2008. Former
interim rule expired July 27, 2008.) |
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11. INSURANCE DEPARTMENT |
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(a)
FP 2008-86 Approval |
Annual Financial Reporting (JLCAR
Deadline August 25, 2008.) |
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(b)
FP 2008-70 Approval |
Stop Loss Insurance (JLCAR
Deadline September 19, 2008.) |
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12. Discussion
on the following emergency rule effective August 13, 2008 (Doc. #9232): No Further Action |
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DEPARTMENT OF SAFETY Emergency No Wake Restriction on Lake Waukewan (No
JLCAR Deadline. JLCAR may only
petition, if necessary, for a repeal.) |
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13. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(a) FP 2008-69 Conditional Approval |
Division of Elderly and Adult Services Targeted Case Management Services (No
JLCAR Deadline. It has been waived.) |
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(b) FP 2008-104 Approval |
Former Division of Mental Health and Developmental
Services Conditional Discharge (JLCAR
Deadline September 22, 2008.) |
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(c) Discussion on the following
emergency rule effective August 5, 2008 (Doc. #9229): No Further Action |
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Former Division of Mental
Health and Developmental Services Secure Psychiatric Unit
Transfers (No JLCAR Deadline. JLCAR may
only petition, if necessary, for a repeal.) |
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15. FP 2008-36 Postponed to 9/4/08
Continued Meeting |
DEPARTMENT OF
LABOR Certification of Vocational Rehabilitation Providers (JLCAR
Deadline September 15, 2008.) |
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16. OR
2008-37 Postponed
to 9/4/08 Continued Meeting |
DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD Nursery and Nursery Stock (JLCAR
Deadline September 30, 2008.) |
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17. Remaining Responses to Preliminary
Objections Made in June 20, 2008 Meeting But Not Yet Received by Committee
Staff: |
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OR 2007-220 |
Liquor Commission License Information Requirements (No
JLCAR Deadline. Agency's objection
response deadline of August 4, 2008 has been waived.) |
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18. Remaining
Responses to Preliminary Objections Made in June 27, 2008 Meeting But Not Yet
Received by Committee Staff: |
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OR 2007-221 |
BOARD
OF EDUCATION Modern
Language, Reading & Writing Specialist, Social Worker and Dance; Also Certification for Physical Education,
Classical Languages, and Music (No
JLCAR Deadline. Agency's objection
response deadline of August 11, 2008 has been waived.) |
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19. Remaining
Responses to Preliminary Objections Made in July 17, 2008 Meeting But Not Yet
Received by Committee Staff: |
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OR 2008-40 |
PHARMACY
BOARD Mail-Order
Pharmacies (JLCAR
Deadline October 22, 2008.) |
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20. Remaining
Responses to Preliminary Objections Made in July 31, 2008 Meeting But Not Yet
Received by Committee Staff: |
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(a) OR 2008-84 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Community Residences at the Residential Care and
Supported Residential Care Level (JLCAR
Deadline November 4, 2008.) |
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(b) OR 2008-72 |
BOARD
OF REGISTRATION IN OPTOMETRY Out-of-State
Contact Lens Dispensers, Continuing Education for Optometrists, Standard of
Conduct, and Contact Lens Follow-up Care (JLCAR
Deadline November 4, 2008.) |
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OTHER
BUSINESS |
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21. Other |
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